Terms of Service

1. Introduction

Welcome to Kismetic (ABN pending registration). These Terms of Service govern your use of our blockchain-verified raffle platform and services. By accessing or using Kismetic, you agree to be bound by these terms.

If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time, and your continued use of Kismetic constitutes acceptance of any changes.

2. Service Description

Kismetic provides a technology platform for conducting blockchain-verified fair raffles and prize draws. Our service utilises Chainlink VRF (Verifiable Random Function) technology to ensure cryptographically secure and tamper-proof winner selection.

Key Features:

• Upload participant lists via CSV file
• Execute draws using Chainlink VRF on Polygon blockchain
• Generate cryptographic proof of fairness for each draw
• Provide verification links for all participants
• Store tamper-proof draw records on-chain

Important Clarifications:

• Kismetic does not conduct or advertise raffles
• Kismetic does not collect ticket payments, entries, or participant funds
• Kismetic does not determine prize values, odds, rules, or entry conditions
• Kismetic provides only the technical infrastructure for verifiable random selection

3. Account Requirements

To use Kismetic, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Not create multiple accounts for the same entity
• Comply with all applicable Australian laws and regulations regarding raffles, lotteries, and prize draws

You are responsible for all activity conducted through your account. Notify us immediately if you suspect unauthorised access to your account.

4. Payment, Credits & Refunds

Draw Credits: Our service operates on a credit-based system. Each draw execution consumes one credit. Credits can be purchased through our pricing plans.

Refund Policy:

• Full refund available for unused draw credits within 30 days of purchase
• No refunds on credits already used to execute draws
• Refund requests must be submitted via email to support@kismetic.app
• Refunds processed within 14 business days

Credit Expiry: Draw credits expire 24 months (2 years) from the date of purchase. Unused credits cannot be transferred or refunded after expiry.

5. User Responsibilities

As a user of Kismetic, you are responsible for:

• Ensuring your raffle or prize draw complies with all applicable Australian federal, state, and territory laws, including gaming, charity, and fundraising laws
• Obtaining necessary permits or licences required for conducting raffles in your jurisdiction
• Providing accurate participant data and ensuring you have obtained all necessary consents to use and disclose participant information
• Obtaining consent from all participants for their information (including first name, last initial, and state) to be written to the Polygon blockchain as part of the verifiable draw process, where such information becomes publicly accessible and cannot be altered or deleted due to the immutable nature of blockchain technology
• Determining the appropriate format and level of winner identification (first name and last initial) based on your legal obligations and participant expectations, and ensuring you have obtained appropriate consent for this level of identification
• Fulfilling prize obligations to winners selected through our platform
• Not using our service for fraudulent, unlawful, deceptive, or misleading conduct
• Not using our service for raffles involving prohibited or illegal goods, weapons, drugs, adult content, or any content that violates Australian law
• Not attempting to manipulate, interfere with, or circumvent our draw execution process
• Not scraping, harvesting, or systematically extracting data from the Kismetic platform or its user interface for commercial purposes without Kismetic's express written permission
• Not representing, implying, or claiming that Kismetic or its draw system is certified, approved, or audited by OLGR or any other regulator
• Using the platform in accordance with fair use principles and not engaging in activity that may impair service availability for other users
• Complying with Australian Privacy Act 1988 (Cth) when handling participant data

Blockchain Data Disclosure:

• When you execute a draw, limited winner information (first name, last initial, state) is written to the Polygon blockchain for cryptographic verification
• This information becomes publicly accessible and cannot be altered or deleted due to blockchain immutability
• Backup winner information is also stored on-chain, but not publicly displayed by Kismetic unless you activate the "reveal backup winner" function
• By using our service, you confirm you have obtained all necessary participant consents for this blockchain disclosure

Kismetic provides the technology platform only. We are not responsible for the legality, administration, or outcome of your specific raffle or prize draw.

5.3 Scheduled Draw Execution and Instant Results

To provide an optimal user experience with instant results display, scheduled draws are executed on the blockchain approximately 60 seconds before the advertised draw time.

How This Works:

• You schedule a draw for a specific time (e.g., 3:00 PM)
• The draw executes on the blockchain at 2:59 PM (60 seconds early)
• Random winner selection is performed via Chainlink VRF during this 60-second window
• At 3:00 PM (the advertised time), results are displayed instantly with no delay

Transparency and Fairness:

• Both the advertised draw time AND the actual blockchain execution time are clearly displayed to all participants
• Both timestamps are permanently recorded on the Polygon blockchain for public verification
• The early execution does NOT affect the fairness or randomness of the draw
• Winner selection is performed by Chainlink's Verifiable Random Function (VRF), which cannot be predicted, manipulated, or influenced regardless of execution time
• All draw parameters (participant list, merkle root, number of winners) are locked in BEFORE execution and cannot be changed

Your Rights:

• You can verify both execution times on the blockchain at any time
• All draw data remains publicly auditable via blockchain explorers (PolygonScan)
• You can request detailed execution records at any time by contacting support

6. Limitation of Liability

To the maximum extent permitted by Australian law:

• Kismetic is provided "as is" without warranties of any kind, express or implied
• We do not guarantee uninterrupted or error-free service
• Draw execution times may vary due to blockchain network conditions. Kismetic is not responsible for delays caused by network congestion, gas prices, validator behaviour, or blockchain outages
• To the extent permitted by law, our total liability for any claim shall not exceed the lesser of AUD $50 or the amount you paid for services in the 12 months prior to the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not responsible for blockchain network failures, smart contract bugs (though extensively tested), or third-party service interruptions

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

7. Gaming Law Responsibility and OLGR Compliance

Kismetic is not a gaming operator, raffle organiser, or promoter.

Kismetic does not conduct, manage, promote, advertise, or facilitate the sale of raffle tickets. All raffles and prize draws conducted using the platform are solely the responsibility of the user or entity running the raffle.

Your Compliance Obligations:

• You must ensure compliance with all applicable gaming and charity laws in your jurisdiction, including but not limited to the Charitable and Non-Profit Gaming Act 1999 (Qld), the Gaming Machine Act 1991 (Qld), and requirements of the Queensland Office of Liquor and Gaming Regulation (OLGR)
• You are responsible for obtaining all necessary permits, licences, and approvals required to conduct raffles in your jurisdiction
• You must comply with prize value limits, reporting requirements, and record-keeping obligations imposed by relevant regulators
• You are solely responsible for determining and complying with laws in other Australian states and territories if your raffle operates across jurisdictions

Kismetic provides verifiable, tamper-proof draw evidence through Chainlink VRF technology, which you may supply to regulators as part of your compliance obligations. However, Kismetic bears no responsibility for your regulatory compliance.

8. No Payment Handling

Kismetic does not process, handle, store, or transmit any payments, entry fees, or funds relating to raffles or prize draws. All financial transactions associated with your raffle, including ticket sales, entry fees, and prize payments, are the sole responsibility of the raffle organiser.

Kismetic operates on a credit-based subscription model for platform access only. Draw credits are payment for software access, not raffle tickets or gaming services.

9. No Regulatory Approval or Endorsement

Kismetic is a technology platform and does not require certification by OLGR or other gaming regulators. Regulatory approval, where required, applies to the raffle organiser, not the software provider.

Use of Kismetic does not constitute endorsement, approval, or certification by any government authority or gaming regulator. You are solely responsible for ensuring your raffle meets all regulatory requirements.

Kismetic provides verifiable, tamper-proof draw evidence through Chainlink VRF, which organisers may supply to regulators as part of their compliance obligations. This technical evidence is provided as-is and does not constitute legal or regulatory compliance advice.

10. No Legal Advice

Kismetic does not provide legal advice regarding the conduct of raffles, lotteries, or prize draws in any Australian jurisdiction. Laws vary significantly by state and territory.

You are strongly advised to consult with a qualified legal professional to ensure your raffle complies with all applicable laws before using our service. We make no representations regarding the legality of your specific use case.

11. Intellectual Property

All intellectual property rights in Kismetic, including but not limited to software, design, trademarks, logos, and content, are owned by or licensed to Kismetic.

You may not copy, modify, distribute, sell, or lease any part of our services or software without our express written permission. You may not reverse engineer or attempt to extract source code from our platform.

12. Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms of Service
• You use our service for fraudulent or illegal purposes
• Your account poses a security risk to our platform or other users
• We are required to do so by law

Upon termination, you will lose access to your account and any unused draw credits (subject to applicable refund policy).

13. Dispute Resolution

We are committed to resolving any disputes fairly and efficiently. If you have a complaint or dispute:

Step 1: Direct Contact

First, contact us at support@kismetic.app with details of your complaint. We will acknowledge receipt within 2 business days and aim to resolve the matter within 14 days.

Step 2: Good Faith Negotiation

If the issue is not resolved through direct contact, both parties agree to engage in good faith negotiations for a period of 30 days before pursuing formal dispute resolution.

Step 3: Mediation

If negotiation fails, either party may refer the dispute to mediation through the Resolution Institute or another mutually agreed mediator. Both parties agree to participate in mediation in good faith. The costs of mediation shall be shared equally unless otherwise agreed.

Step 4: Legal Action

If the dispute cannot be resolved through the steps above, either party may commence legal proceedings. Both parties agree that any legal action must be brought in the courts of Queensland, Australia.

Exceptions:

• Either party may seek urgent injunctive or equitable relief at any time to protect intellectual property rights or prevent irreparable harm
• Small claims (under AUD $25,000) may be filed directly in the Queensland Civil and Administrative Tribunal (QCAT) or appropriate small claims court
• Nothing in this clause affects your statutory rights under Australian Consumer Law

14. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of Queensland, Australia. Any disputes arising from these terms or your use of Kismetic shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

15. Changes to Terms

We may update these Terms of Service from time to time. When we make material changes, we will notify you via email and update the "Last Updated" date at the top of this page.

Your continued use of Kismetic after changes are posted constitutes acceptance of the updated terms. If you do not agree to the changes, you must stop using our service.

16. Indemnity

You agree to indemnify, defend, and hold harmless Kismetic, its officers, directors, employees, and agents from and against any and all claims, penalties, fines, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your conduct of a raffle or prize draw using the Kismetic platform
• Your failure to comply with gaming, charity, fundraising, or consumer protection laws
• Your misuse, unauthorised disclosure, or improper handling of participant data
• Your failure to obtain appropriate consent from participants for the disclosure of their personal information (including first name, last initial, and state) on the Polygon blockchain
• Any claims arising from the publication of winner information on the blockchain, including but not limited to privacy complaints, participant disputes, or allegations of inadequate consent
• Regulatory investigations or enforcement actions related to your raffle or prize draw
• Your breach of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights or privacy rights

This indemnity obligation survives termination of your account and these Terms of Service.

17. Contact Information

If you have questions about these Terms of Service, please contact us: